“Being unhoused is not a crime in Oakland, but it doesn’t give individuals the right to break other laws,” Thao said in a video statement posted on her YouTube page. “We must protect our critical infrastructure and do so by leading with compassion.”

The news follows the June Supreme Court ruling on Grants Pass v. Johnson, which allowed states to ban people from sleeping and camping in public areas. The 6-3 ruling overturned a lower court decision that called it cruel and unusual under the Eighth Amendment to punish those sleeping outside if they had nowhere else to go. 

Oakland had kept quiet on whether it would alter the city’s approach to encampments in response to the ruling until Monday. 

In nearby San Francisco, Mayor London Breed promised a “very aggressive” crackdown on camps after the Supreme Court decision. Gov. Gavin Newsom (D-CA) followed suit, issuing an order telling cities to start dismantling thousands of homeless encampments around the state. Newsom cannot legally force cities and counties to kick the homeless off the streets, but he can apply pressure by withholding some state funds. 

About 123,000 Californians were unsheltered on any given night, according to a recent count. Unlike New York City, which guarantees people the right to housing, California does not. 

Oakland’s new directive will allow the city to target encampments “near schools, Tot Lots, playgrounds, or impeding access to small businesses and residential homes, if it blocks traffic lanes, bike lanes or sidewalks, preventing pathways from being ADA compliant, and if they impede the ability of first responders, like firefighters, to perform their essential functions.”

Thao’s order also states that a camp that is found to pose an imminent risk of serious injury or death and is damaging critical infrastructure will be broken down with less than 12 hours notice. 

As of June 2024, there were an estimated 1,486 homeless camps in Oakland, with 90% located in high-sensitivity zones. The city’s Encampment Management Team tracks encampments and prioritizes interventions based on safety, health, and size. Oakland’s public works crews visit dozens of encampments throughout the city on a weekly basis. They conduct trash removal, provide portable toilets, and offer hand wash station servicing, according to the EMT. 

Thao was once homeless and lived out of her car with her young son but said she never thought pitching a tent on the sidewalk was the answer. Instead, she “sought affordable housing and services, for which I was deeply grateful.” 

People living on the streets of Oakland will be offered temporary emergency shelter. However, if shelter space fills up, it will be up to the newly evicted to find somewhere else to live. 

“In no case, will emergency or urgent closures be delayed for shelter unavailability,” the order states. 

While Thao’s move to clear encampments was applauded by some, other groups, such as the Oakland Police Officers Association, called it a “last-minute political stunt before voters decide to recall her on Nov. 5.”

They also said Thao never notified the Oakland Police Department of her plans and that executing her executive order would have to include police officers.

“The mayor and the city of Oakland has exactly two officers assigned to the encampment unit,” the statement said. “There will be many more of us required to fully carry out this ‘order.’ Where are they coming from? The already understaffed patrol beats?”

Thao is facing a tough recall in November fueled by voter frustration over crime, corruption, the closing of businesses, and a reluctance to hold lawbreakers accountable.

Thao, whose home was raided by the FBI earlier this year, has been dogged by pay-to-play allegations since almost the beginning of her four-year term. She is now part of a federal investigation linked to an influential Oakland family that has donated to her campaign, as well as other elected officials.

She has denied all allegations.